Tenancy in Common

A form of co-ownership of an asset such as real property where each co-owner has an undivided interest in the property, but each owners interest maybe transferred at death without approval of the other co-owner in the absence of a written co-tenancy agreement that states otherwise. Unlike property held in Joint Tenancy or as Joint Tenants, normally an owner’s Tenancy in Common ownership share does not pass to the other co-owners at death. Therefore Tenancy in Common property typically does not pass by law to the other co-owner(s) and the owner can pass his or her share to his or her issue or beneficiaries as desired.

« Back to Estate Planning Glossary